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HomeMy WebLinkAboutMin - CC - 1978.06.19178 BURLINGAME, June 19, CALL TO ORDER PL EDGE OF ALLEGIANCE TO THE FLAG: Led by Alfred J. Palmer, RoLL gALL COUNCIL MEMBERS PRESENT: COI,JNCIL MEMBERS ABSENT: MINUTES The minutes of the adopted. APPLICATION FOR AUCTION PERMIT I. C.B. CHARLES GALLERIES INC. The minutes of the regular meetlng of June 5, and adooted liith the folLowing correction: P change Lhe "SKAG plan" to the-"scAG plan;" Pa 3rd [aragraph, fiist sentence to read,, "Counc that- thia was the area she had origtnally con for residential; . . " Police Chief. AMSTRUP, BARTON, CROSBY,},IANGINI, },IARTIN NONE 1978 were approved age L74 draft minutes, ge L77 draft minutes, ilwoman Barton remarked sidered appropriate om C. B. Charles Gallerles, Inc. Estate Auction at the Burlingame ghway, on Monday, Tuesday and Wed- , L978. Letter enclosed a catalogue noted that Mr. Charles had previousLy October 8 through October ll, L973. CALIFORNIA L978 A regular meeting of the Burlingame Cicy Council was heLd on the abovE date in thE City Hall CounciL Chambers. Meeting was called to order at 8:30 P.M.'by Mayor Wi-lliam J. Crosby after executive session starting at 7:50 P.M. study meeting of June 7, L978 lrere approved and Letter dated April 4, 1978 fr advised of their plans for an Hyatt House, 1333 Bayshore Ht n6sday, October L6, L7 and 18of a sale previously held and held an auction in Burlingame Memo of l4av 16, 1978 from Burlingame Police Department advised that the applicint ti background had bEen investigated and they- found nothl;a of a derogat6ry nature o! hiq or his buslness dealings, and found no objectlon to lssuance of this permit. Councilman Manglni moved that this auctlon Permtt be approved, second by CounciLman. Martin, carried unanimously. PRESENTATION I. }.IR. STEVE SI,]ITZER,1317 SANCHEZ AVENUE BURLINGAME,RE CABLE TV. Mr. Steve Switzer, l3l7 Sanchez, addressed Co He reviewed his efforts to get informatlon as not avaitable tn Burlingame, during the cours had been told that City government had decide for Burlingame, and that there had been litig a neighboring city. Mr. svritzer pointed out availEble in"the -surrounding cities; he thoug denied something they had a right to; it is a uncil on this subject.to why cable TV was e of whlch he said he d that it was not good ation concerning it inthat cable TV isht citizens were being growing trend aLl people with familiesexorbitant expense of be a source of addition- the effect of Prop- cable TV was a good brought about Propo- over the country; and a great money saver to since they can see popular movies without the going to L movie house. He noted this could Il iicome to the City, especially in view of osition 13. He thoughE this refusal to have example of Government interference which had sition 13. L79 CounciLman Mangini, addressing Mr. Switzer, told htm that not opposed to cable TV but hras concerned about publicity ing that cable TV systems had not met their contractural ations in neighboring cities. Mr. Switzer said he had checked out the matter of Millbraers lit- igation with a cable TV company, and found it was brought about because the City of Millbrae would not approve increased rates to where it was reisonable to operate. He ibmpared MiLlbrae ts rateof $4.00 to the San Francisco rate of $10.00, and stated he thought cities should not be invoLved ln rate setting sLnce cable TV is a business and it is up to the individual whether he wants to pay it or not. Councilman Mangini noted that the League of California C!ties in- dicates opposition to that bill. Mr. Switzer repeated he simply wanted Councit to consider the matter since cable TV would serve the citizens and promises future expansion. He suggested that TV companies couLd be solicited forbids for comparison. inl,ayo r Crosby stated he was tn favor of cable TV, but from past experience the City had found that there must be a franchise and the City must set the rates. The citizens must be protected. If the TV company does not find the rates reasonable, they can come before the Council to ratse them. The City Attorney conftrmed that cable TV would oPerate in a city under a sole franchlse, which the city does respect, for a certain period of years. The TV company would use the City's streets, sidewalks, and utiltty poles. If rates were set too high, citizens would not subscribe. He commented there ts currently a biLL in the State legislation that would remove from the cities the ability to control cable TV. he wasindicat- oblig- I. BTIRLINGA}M PLAZA TRAFFIC CIRCULATION IMPROVEMENT, JOB NO. 74-24 Assistant Civil Engineerts memo of June L4, L978 reported the onlybidder for this project was Anza Engineering at $49,370.00. Engeer's estimate r.,as $45,225.OO Council previously rejected aLL bfor the work on April 17, 1978 as the low bid of $58,363.00 was rn- ids Councilman Martin stated that to the best of his knowledge Burlingamers Council had never said they did not want cable TV in the City. In the past the City had receLved no assurance from cable TV companies that they would supply the whole city. Some peopLe live in outlying districts which might not be supplied. Also there is the problem of undergrounding. All utilities in MiLls Estates are undergrounded and the TV companies would give no assuranee that their systems wouLd be undergrounded, in which caseMills Estates could not have cable TV. He cited instances in another city where the cable TV company did not pay their biLL to the telephone company and this utility would not Let them usetheir poles. He commented that maybe in the future cable TV could be on a paying basis, but this town could not let them operatewithout a franchise charge since aL1 utilittes must be treated the same. He added he would like to have cable TV and would be favor- ably inclined if some company could do a good job. Councilman Mangini stated that if cable TV were possible in the Ctty he would subscribe, but he did not want to see the City in- volved in Litigation. ldayor Crosby confirmed that at the time of previous cable TV pro- posals the City had found that none of the companies would go upin Mills Estate. This had been a stumbling block at thaE time. However, the companies might have a different outlook at thistl-me. He suggested that the City l,Ianager investigate. BIDS: CONSIDERATION OF 180 substantiaLly over the Engineerrs estimate. The project wasaltered in order to reduce the total cost. Memo recommendedthe contract be awarded to Anza Engineering. By endorsement June 15, 1978, City Manager concurred in recommendation. then that of I"lay or Crosby asked why there was only one bid. Director of Public Works reptied that he did not know, that several potential bidders wele contacted, and the project was redesigned. For the benefitof the audience, he explained that this project will provide direct aecess into Burlingame Plaza from El Camino. RESOLUTION NO 37-78 IIAWARDING CONTRACT BURLINGAME PLAZA TRAFFICffiNTJoBNo.74-24.'(AnzaEngineeringCorporation. $49,370.00) was introduced by Councilman Manglni who moved ailoption, second by Councilman Marttn, unanimously carried on roLl cal1. HEARING L. APPEAL OF DAV]D H. KEYSTON FOR ANZA SHAREHOLDERSI IIQUIDATING TRUST FROM PLANNING COMMISSION APPROVAL OF SPECIAL PERMIT AND PARKING VARIANCE TO RAISER ARCHITECTURAL GROUP AND STANLEY LO In response to request from Mayor Crosby, Ctty PLanner reviewed thisproject which he described as a combined use, an office buildingwith a restaurant on the top floor. The parking variance iq for 30 compact cars and special permit for a building more than 50'inheight. Planning Commission at their meeting of May 22, approved the-variance and-special permit for a building not to exceed 60 I inheight. The negative dectaration covers statistics and the con-the statement,an. Waterfront Com-roject site. Concepttions except for com-t could be used to dbvlPlat Pgut a ayou oning rearking L clusion that no EIR is required is folLowetRestaurant uses are compafible with Genera mercial land use is shown on General Plan. pLans satisfy building, fire andpact car spaces. An alternativeprovide 30 more standard size par but it would reduce landscaping tattractive and less functLonal prthis project will be prominent on freeway with Airport Boulevard an as much landscaping as possible o Project the Planning Commission rarea. He added construction plan application for building permit, for parking Lot. p k o o d n e s p ing spaces and avoid the variance, L5% of site and result in a lessject: " CiEy Planner noted that the new road connecting the he had hoped that there would be the tr,,o street frontages. commends would have 207" Landscaped have been received as well as Lan check, and landscaping plan Councilrnan Martin pointed out that the "To reduce parking requirements lrom 27 This is croised out and it ends "to all questioned reason for this. City Plann review the restaurant had been included Combined with office space, during the be a baLlooning of parking requirements that it is essentially an office buildt space. It might eventually be changed top floor. The parking requirement for considered by Planning Department to be principal use, such as the office build Airport Boulevard. Councilman Martin q had been made that this was not a sPeci Councilman Mangini noted that the crux ofis parking for an office or a restaurant. across the street. City Planner reviewed variance application rec ites 6 spaces to t90 spaces.rr ow 30 compact spa-es.'r Heer replieil that in the initial as a specialty restaurant rmiddle of the day there would . This predates the concept ng because 63% Ls officeto become office space on the an eating establishment is an ancillary use to theing and restaurant at 433 uestioned why the dec tsionalty restaurant. The City Planner replied that the principal time of use o restaurant, serving a special type of food, is i weekend. This proposed restaurant can serve foo are aLready employed ln the building and parked the daytim-e. the City Planner stated that this tical ;ith the one made for the Sheraton l{otel w ant on the same premises as the hotel . f a spec ialty n the evening ord to peopLe whoat the site during decision was iden- hich has a re staur- the situation seems to be He questioned "fee parking t' parking requirements for an 181 office building as I space to 300 SF; for eating establishments, L space to 200 SF, unless it is only an eating extablishment,the; it is I spac6 to 9l sF. HeTi[?[ed fee paiking would be at Anza Airport parking fac il ity . Councilman Martin noted thatstreet in Airport Parking, it temporary intefil use of l0 yeis not going to be parking th l,tayor Crosby announced this lras a publtc hearing, and asked for public c omment . John Raiser, Raiser Constructton Company, addressed tated thts was originally submitted as an office bu earing the Blayney and Drachman reports. In listenrts, it was his understanding that the Ctty wants r he Waterfront. Therefore, he had redesign purpose building. It can stand on its owor it can be combtned loith a restaurant o present time no tenant has been selected f elt that a restaurant is a good use in thaer pointed out that a variance for parkinget more landscaping. There was adequate p scaping of 1-5%. However, it was determine if there is fee space across the was his understanding this is aars. Beyond that, it is assumed there ere. Mr. He EO rep on dua ing the He Rai to Lan s h otI f s edtnasnthor tt Lo wasarkidbv o mak anoe top he re catio nec e ng an s taf Counc i I .ilding prior ing to. these e s taurant se this affice build-floor. At s taurant .n. Mr. ssary onlyd adequatef and hisf carsabte Land- caping tos tmportant. suu round ingfor the ed equipment 58' . Heightoffice andsituatlon had been Therefore, an estab- d co co sc ma Th bu bu SU va re be obhiLi mpany that landscaplng could be enhanced if one row o uld be made compact. IIis company will employ a rePut ape architect and is willing to pay $45,000 for tands ke a good entrance to this area since visual impact i e height variance was necessary to overcome height of ildin[s to get a view. This resulted in a 55' heiShtiLding. It is desirable to screen all the roof mount ch as air conditioning. .This resuLts is a height of riance is requested for 60'. As to intermingling of staurant traffic, Mr. Raiser stated that the parking tvreen the office and restaurant at Kee Joon building served, and the two uses seem to work well together. s building is not an exception but would be following shed pattern. CounciLman Mangini asked Mr. Raiser i other projects in paying for potentia service in the area - streets, and me water runoff. Regarding water runoffproject will have a clarification sys so there will not be any Pollutants Psystem. It will take care of oils, s He said he was concerned equally with would be adequate and thought paying among developers rather than one lndi man said he had been referring to an sment district and asked if he wouldthis. Mr. Raiser said he would, and Councilman Martin, said he would be wdition of the variance. Councilman Martin conmented on Mr. Raiser ts statement that he had origtnaLly applied for an offtce butlding and remarked that the actaal varianie applicatton, as well as Mr. Raiserts letter ac- companying it, describe both the office building and restaurant. Mr. Ralsei replied that plans and numbers were being shifted in various directions at this time. Mr. David Keyston, Anza Liquid- ating Trust, addressed Council to theeffect that he would have no obJection to this permit if it were for an office building, butit would have too much impact with the addition of a restaurant, especiall.y at the noon hour. He said that Kee Joons would havefilted up their parking if other additionaL adjacent parking hadnot been provided. He thought the question of whether this v'ras classed as a specialty restaurant was important, and thought it could be determined onLy when the type of restaurant T,.,a s tdent-ified. He pointed out that compact car parking was more approp-riate for an office building than a restaurant, since office fI e ,t u a t he would be willing to assist increased costs of providingting Federal requlrements for Mr. Raiser stated that the em for parktng Iot drainaget in the Bay or storm sewer nds, and other impurities. the City that facilitiesor streets could be spreadidual project. The Counc il-quitable share in an asses- e willing to participate inn resPonse to question fromlling to make that a con- e bi 1 182 \rorkers tend to occupy the same spaces. He suggested that if Council does wish to grant the permit, it might be conditionedthat any restaurant design comes back to Council for revlew and modification. This would give control . In response to question from Councilman Mangini, City Planner affirmed that the combination use did meet parking code as he understood it. Counctlwoman Barton commented she could not see how Councit could grant the permit if they did not know whether the permit would 6e for an office butlding, or an office building wtth restaurant. She aLso loas concerned wlth noontime parking. Mr. Raiser offered t.o accept a permit for an office building, and come back to Council when the time comes to develop the restaurant for a tenant. Mr.. Leonard Waldo of Purdy Company told Council he objected to a parklng variance of any kind. He stated Purdy's buildlng- was L4. years old, and at present some of the employees must park in the street. He was very concerned about a restaurant use. There were no further audience commentst was declared closed. and the pubLic hearing Councilman Amstrup stated he did not like to give permi-ts when he did not kno!,, what the final use would be. He thought inform- ation was not specific enough. Councilman !'Iartin noted the Cat- trans statement on traffic which indicated that traffic going into the restaurant would be added to the traffic l-eaving the office building between 4:30 - 5:30 P.M. Councilwoman Barton added she feared t[qt approving would create the same kind of problemztilith parking Burl ingame. Mr. Joseph Kent, Director of Architecture for Raiser, addressed Council.' He pointed out that the issue was not the actual number of spaces, siirce the number is adequ.ate. The lssue was whether to ule a certain number of compact spaces in order to increase Landscaping from 157. to 20%. Mayor Crosby pointed out that part of the issue was that originally th6y did noi ira*re a restaurant; just an office buil-ding. Mr. Kent soeiified that this application is for the combined use, and this tjzpe of mixed use is iriry beneficial in mitigating- traffic imPacts since it has been found that the peak hours of each use are dif- ferent. If a tenant is not found for the restaurant, the space this variancein downtown might be rented as an office. In this case, the cess of 40 parking spaces. His comPany would re permits for the shell structure' a building perm quired, and planning eval-uations for each amount developed within the shell . r q a e wouLd uest ont vrouldof squa be an ex-ly the be re re- foo tage Councilman Martin commented tf they were just going to build an office building, height could be lowered. Mr. Kent replied that ihe design was"such Ihat there were - sight Llnes throught the build- ins. AlEo, eye level view was not impeded because parking was J"F""rrea bel6vr the berm. Mr. Keystoir again-pointed out that if- ih'i" ,"." a specialty restaurant,- there *ould not be enough parkingrand requested that the ri:staurant come back for review. Councilman Amstrup again stated he did not think there was enough lnformation to grint-this permit, and questioned if Mr. Raiser or Mr. Kent could ipeak for the owner in this discussion. Mr. Raiser affirmed he could, and toLd council that if it were their a-".ir"-io approve the permit for an office building. only, it wou1d be satisfacibry. The bity P1anner commented that the mixed use would be bette? for the City because of extra revenue ' 183 Mayor Crosby stated he understood from the dtscussion that Mr. Raiser roouli change the building to office onl-y if Council wished, that Mr. keyston had no objection to ParklnS- tor an. office 'building, ant that'space.foi comPact cars would not be necessary if lEndscaping wai I57. instead of 2O%, He noted he would ralher have ttra 26% and questioned if the building could be lowered if there wer€ no restaurant (restaurant uses require a higher ceiling height than office space)-. -Mr. Raiser stated the Eeight difference would be onLy about I foot. Councilman Martin questioned Mr. Raiser if there could be a solution to the restaurant problem, slnce it would be to the ad- vantage of the City to have-a restaurant there. Mr. Raiser statel he did not even have an applicant for the lease, and it could take as much as six months to find a tenant. He stated he would be willing when he got an applicant to come in and tell Council ivhat kind of an operation it would be, and would accePt this as a condition. The- Councilman suggested the condition that City not give a permit for use of the space until, Raiser came in wittr ttre type of restaurant; or, withhold any business License for use of- the top floor until the use had been reviewed. Mr. Raiser stated he woulil meet any condition Council wanted to impose. Councilwoman Barton commented she too would like to see the res- taurant use conditioned because of the parking. Councilman Amstrup opposed the idea of putting the building- up and working out uiage- later. He thought the only way City had an advantage on this building would be if the building has a res- taurantl The City Plannei suggested several options for condit- ions: permit the'restaurant to operate only after 6:00 P.M., permit bnly a certaln amount of seating to be used during the day. Mayor Crosby suggested that the amount of floor space to,be_ devoted to the iestaurant could be limited. Mr. Raiser indicated his willingness to cooperate with anything the Council desired. Councilman Ma r^,ith a re Raiser as wanted onor none,did r.rantthat datein the bu desi kedLvL hewa PetheiLdi rt ingniifh of ould rmit asked if Mr. Raiser could come back to Council n two rdeeks that would effect a compromise. Mr. e could have definite guidelines - if the Council the top floor for a restaurant, or ll3, or all, be agieeable. However, he pointed out that he befoie July l, 1978, if possible, because afterte has mandated a completely nel,l set of standards ode to meet energy requirements. Sta ngc Councilwoman Barton approved the concePt of an office plus testaur- ant but thought parking was a definite problem. She stated that if Land were leased for parking, instead of a variance, she would consider the project excellent. After considerably more Council discussion, Councilman Martin asked if Mr. Raiser could come back to Council with a plan incorporating some kind of a compromtse on the parking on Wednesday night, June2L. Mr. Raiser agreed that he could. Mayor Crosby continued this hearing to Wednesday night, June 21, 1978. RECESS After a short recess at 10:15 P.M. the meeting reconvened. STUDY AREA PERMITS I. AEROBAY INDUSTRIAL PARK - PHASE 2 City Planner transmitted to Council by memo of June 13, L978 this Study Area Permit application, Environmental Assessment Form, Negative Declaration, and reduced site p1an, elevations, and Land- scape plan for this project. He brtefly explained the project 184 which consists of the addition of two buildings to an existingstructure and construction of an additional bullding which would have the same architectural treatment. He quoted Negative DecLaration which indicates that this project would not have asignificatrt effect, and noted that the applicant, HermanChristensen, nas present for Council questions. Councilman Mangini moved that Study Area permit be granted, second by CounciLman Martin, carried unantmously. 2. TRANS-RENT-A-CAR, INC. RENTAL OFFICE BUILDING AND SITE IMPROVEMENTS 1775 BAYSHORE HIGHI.IAY City Plannerts memo of June L3, 1978 transmitted to Council documentation on this permit which included: Apptication forstudy area perrnit, appiicant rs letter of explairition, environ- mentaL assessment, Negative Decl-aration, PLanning Commission minutes of May 22, L978 at which time special permit was approved, site plan and parking layout, revised to 6/78. City Pof thecar re struct pump i and Ialighti condit be fore e ffec tvide o e stabL standa and el and pa(s) c Lansi nta ron sla nds ng. ion rh iveff- ish rd earrki rea ner addressed CounciL. He presented three photographste, and stated this was a relocation of an existing L agency from 1484 Bayshore Highway involving the con-of a 840 SF rental office building, a canopy over gas nd, underground tank, pavement for 40 parking spaces caped areas not less than 15t wide plus fencing and He called Council attention to the Planning Commission s whtch are: (1) A finaL parcel map shall be approvede special permit for Land use on that parcel may become. (2) The site area shalL be of adequate size to pro-street parking for aLl employees and al1 rent-a-car ment vehicles. (3) There shall be ncar spaces for pickup and dropoff pur Ly marked. (4) Separation between f ng area shall be lncteased to not les se trap shaLl be designed and install rease from entering storm drainage sy ot less than l0 poses, to be stripedront proPerty lines than 15 feet. ed in site drain to stem and then thethe site for Load- oreventir"y. (6 ing and any on-olimited renewable for another five yea be subject to annual review an(9) Height of mounding or scree(10) North driveway to be entranexit, with sign "right turn only(1f) Revised plot plan shoroingstaff approval. Councilman Ma an obj ectionfor off- s it e repre senting objection to There was anproperty forthis firm wou area permit b the Planning unanimous ly . Councilman Martin noteproject development ch an eouitable share ofinclddirg but not L imitraffic signals. He sation be made to Counc 3. VICTORIA STATION RESTAURANT ngini noted that Planning Commission minutes indicate by applicant to a condition regarding service chargecirculation system improvements. Mr. Cyrus McMillan, appLicant, addressed Councll stating there was no a general type of equitable assessment proceeding. objection to any special assessment on this silgle a traffic signal . But if the entire area ts affected, Id pay its fair share. Councilman l'trart in moved study e airpiroved subject to the Ll conditions imposed by Commission, second by Councilman Mangini, carried be provided o rom auto transreet. (7) Spt shall runeriod. (8) eport to the ceIt La ndscaping shall be submitted for Planner ts suggested condttton that a $100 per parking space be charged as e circulation system improvements,local streets, freeway access andd that this be studied and a recommend- p )Adequate space shal i pr n Ltt r d unloading of vehic Lesr-off-loading on the sto period of leasehold n P et planting toonly and soat exit driv orts, rather thancial permit shall beor five years and be Vehicle parking shal L Planning Commis s ion . be no less than 4' .uth driveway to bee during peak hours. d City arge ofoff-sitted to uggesteiL. A study area permit for the Vlctoria Station restaurant at 60 Anza 'rTfirr!rd__r7,<r34,!ry 185 Pacific Place was approved at the Council meeting of June 5, L978 subject to type of roof matertals being brought back to Councilfor determination. Ctty building code does not permit metal roofcoverings. Memo of June 1-9, L978 from Chief Building Inspectorobjected that proposed roof is not heavy timber of one hour firerated. Mr. David Keyston addressed Council stating that architect forthls project had agreed to install a heavy timber roof which wilL comply with one hour ftre rating. He submitted to Council sampleof roofing and photographs of buildings with type of roof re- quested. Burlingame Fire Chief told Council he would support Building Inspector and code which does not p'ermit metal roofs in the City. He stated he had two maior objections: 1. Pltch of roof, estimatedat 30 - 35o, with roof 40t at"ridge. This will cause diificultiesto firemen working on roof, and 2. Firemen woul-d have to pull off these metal corrugated shingLes, and noted that once the heat starts conducting on this roof firemen have to move somewhere, and ttrc only pLace would be to the aertal. He noted that Mr. Keyston had sug- gested that perhaps an acce.ss road could be provided for the aerial . Mr. Keyston conf irmed that an access road would be put in, thebuilding wouLd be sprinklered, and the heavy timber provided. Councilman Mangini noted that the metal roof would make a visual tmpact and questioned if it would be treated. c a P b o s h ouncilman Martin one-hour roof anrimarily concernearn, and there lrobjected as a mettprinkLer system s our rating, but i quest one d if tfere w-ould be a major problem roith the Fire Departmen Councllnan Amstrup thought the Fire Chtefrs defense of his position was commendabLe. Councilwoman Barton commented the Council had turned down anothermetal roof but only because of a non-sprinkthis sprinklered buililing she considered th lered building. Withe roof fairly safe. Councllman l,langini moved that the corrugated metal roof be approvedsubject to the following conditions: sprtnklered building, one-hourftre-resistive construction, use of a heavy timber roof, provisionof an access road around the building for the Fire DepartmentrsaeriaL truck, a full vratertight roof to be provided under the metalroof, and the galvanized metal to be treated with acid to offsetgLare. Second by Councilman Martin, carried unanimousLy on roLLcaIL. COMMUNlCATIONS L. BURLINGAME SISTER CITY ASSOCIATION RE FUNDING d bui d beculd ber of houl d n thet lrou lding sprinklered. Fire Chief stated he was ause this is a three story building, a bige a great deal of heat conduction. He also consistency with the code. He stated thishold 987. of the time, plus the fact of one event that something happened to the systemld be faced with a problem. At the request of Mayor Crosby, Councilwonan Barton read letter ofJule I5, L978 from BurLingame Sister-City Association reviewingthis organization's work in getting the AnnuaL InternationaL Con-vention to come to Burlingame next year and the advantage of such aconvention to the City in terms of hotel and other revenues. Thebid proposal for thls conventton is to be made in Cuernavaca, Mexico,at the 4gg,rst convention of this year. By this Letter, BurlingameSlster-City Association requested Council to release to them bilancegI qgley budgeted for Sister Ciry i.n L977-78, approximarely 9I,500 -$1,600. This would be used for iegistration feir- of 975.00- each for16 members of the Association. They would have to pay air fare ofover $200 each plus hotel and meal LccommodatLons. ^ - In response to Councll questions, Mr. AL Leyva, Vice president ofBurLingame Sister-City Association, conf irmi:d facts in the lerrer- 1-8fi that the money r^,as presently in the budget, that it woul-d be used only for registration fees, and that attendance at this yearts conventlon couLd be responsible for the International-Convention being held in Burlingame next year. Council dis- cussed this request, expressing their approval of the Assoc- iationrs work and this excellent pxogram. However, the point was made that the Cityts expenses must be cut as a result of Proposition 13, and other worthnhiLe programs have been cut. ALso, the City has an agreement vrith the Visitors and Con- vention Bureau whereby this bureau receives a certain amount of hotel tax to aid iir getting business for the City. There-fore, it was the consensus of the Council that they could not grant this request. It was suggested that the Sister City Assoclati-on mieht be able to obtain some help from the Con- vention and VtEitor's Bureau. However, Mr. iohn Steen of that Bureau stated he doubted this. COMMUNICATIONS 2,. DAVID H. KEYSTON: STUDY AREA PERMIT PROCESSES TO BE APPLICABLE TO ONE WATERFRONT OFFICE BUILDING PROJECT Letter of Liquidat in Trust and continue t eme rg enc ytheir expirat i approach the C ances !n effecication c ont inwill not rej ecearliest poss i would permit y Permit . " June 8Trtheobe ord i 13, 1978 from David H. Keyston, Anza Shareholderts ust advised Council of the commtttment of Anza Regency Development Company that this project would considered under rules and regulations of the nance procedures expiring July 6, L978, despite on. The two parties pledge that they would not ity for a building peimit under the zoning ordin- t prlor to Ehe emergency ordinance. The commun- ueil , 't'llth thts assurance, we understand that you t the Droiect on JuLv 3. but nill extend it to the ble date 6n which yol f6el that the Bayfront Plan ou to consider One Waterfront for a Study Area 3. AIRPORTS COMMISSION, CITY AND COIJNTY OF SAN FRANCISCO: PENDING FEDERAL LEGISLATION EXTENDING COMPLIANCE DATE FOR QUIETER AIRCRAFT. Letter o advised encLosed Cannon, a I Lowed Leg is la twith quieteto comply w Heath reque fJ tha ,owhi und ion une B, L978 from Richard R. Heath, Dl-rector of Airports, t Airports Commission had passed a resoLution' copy pposiirg Senate Bitt 3054, introduced by Senator Howard lh woula allow airtines five years more Ehau they,are er current airport reguLationi and current federal to replace thiir noiEier t\^,o and three engine atrcraft r airciaft. San Francisco Airport could not continue ith state noise laws if this lbgislation is passed. Mr' sted support of City in opposing this bilt. coov of Letter of June 16, L978 from the City of Millbrae, addressed io'ft..-H"iitr, aavisea tha[ MiLlbrae, by resoiution, copy encLosed, i" "iro oppo"i.tg the bill and is urlin! Senator Cannon to hotd tr"riini. ih c"tIror.,ia to a1Low opiiiois of citizens to be heard' It was the consensus of Council that Burlingame also would oppose this biLL. Mayor Crosby directed City Manager to process' 4, BURLINGAME CHAMBE R OF COMMERCE:ANZA DEVELOPMENT PROJECT Letter of June L5, L978 from the Burlingame Chamber atiacHea report of the Chamber of Commerce Board of Cor*itt"" o., Anra Development Project for CounciL in I4ayor Crosby acknowledged receipt. STAFT MEMORANDA of Di fo Comme rc e rec tors rmation. I CITY MANAGER RE:BROADI^IAY STREET FAIR nbff al y le tte r Br oa dwayto Chula of June 7, L978 xe- Avenue for their annual vista Avenue on sunday, Broadway Merchants As soc iat io ouested oermission to close o dtreet Fiir from El Camino Re 187 August 13, L97B from 8:00 A.M. to 6:00 P.M. from L0:00 A.M. to 4:00 P.M. By endorsementCity Manager recommend approval. Fair would be oof June L5, L97 Pen 8 Councit had no objections to these arrangements. Hol.rever, Councilman Ams tru commented that af chants had sugges way of insuring tto question from could be done by pbter ted hatcir req rought up the matter of street cleanup. Ile the Art Show on Burlingame Avenue some mer-that in the future City should have someall street debris was cleaned. In resy Manager he cencurred that possibly thuiring some cleanup fees. POnseis funds forark Improve- ion must be proj ec tL9,L44. Cityply and thenstilI main- After some Councll discussion, I"layor Crosby directed City Managerto discuss idith thls Association the matter of cleanup and fees. 2. CITY MANAGER RE: WASHINGTON PARK IMPROVE}MMS City Managerrs memo of June L5, 1978 attached Park Director rs report of June L2, L978 on this application for SBLT proposed Capital Improvement project for Washington ment s made cost Manag Northeast Sector. Report stated that applica oted that one course of action lrould be to ater whether to make the improvements if Stat 4 PtI, by of er une 30, 1978 for these matching funds: tota 25,525, City share $6,381, funds from State + p e J $ n aI x ta b on 2 dec.ide Itains aI ocation. He suggested, however, if the City does notapply, the assumptlon is that the monies will not be spent on another city, but will be cancelled and a saving would result. After some discussion Council concurred that, Ln view of otherfinancial cuts in the City, it could not approve City expenditurefor this proj ec t Councilman Amstrup moved that a letter be sent to the State rep-resentative, State Department of Parks and Recreation Grants Section,that City will not apply for this grant and requests that the money be put. into a fund to be returned to cities due to the effect of Proposition I3. Second by Councilwoman Barton, carried unanimously. Mayor Crosby requested that each member of Council receive a copyof the letter. 3. CITY MANAGER RE: CHAPIN AVENUE PARKING In response to Counc tL Manager transmitted de Chapin Avenue proposed This covers installat I $3,237 and change of 6 Council dec ided rneet ing of June equest at meeting of June 5, 1978, CitylL and sketch showing parking changes ony Traffic, Safety and Parking Commission.of 39 meters at an approximate cost of spaces to one-hour limit. to 2L, delay discussion on this matter to budget L978. City i"lanager ts memo of 6/L5/78 advised Councll that a refund of $8r080.92 xo the State Controller $as necessary because of over- payment of mandated costs cLaim f.or L976-77. The L977-78 estimatecost claim was rejected because it was filed after the deadline,but Late cLaim has been corrected and City will receive its 1977- 78 money Less 20%. This claim amounts to $2,880. CONSENT CALENDAR 4. CITY MANAGER RE: REFI]ND 0F OVERPAYMENT T0 STATE CoNTROLLER I. TENTATIVE AND FINAL PARCEL MAPS RECOMMENDED BY PLANNING COMMISSION: a.) l6L0 GILBRETH ROAD Assistant Ctty Engineerts memo of June 13, 1978 stated thatthis map proposes combining three lots into a single parcel. There is also proposed vacating of some easements on theproperties and dedication of nel, easements, which easements t4.F.rqlF' 188 were specified. Endorsement of JuneCity Manager recommended approval of 15, .1978 fromthe parcel map. b.) 800 AIRPORT BOULEVARDAssistant City Engineerts memo of June 13,stated there are no condittons of approval recommendation of this tentative and finalmap. City Managerrs endorsement of June L recommended approval . 1978in the parcel5, 1978 2. SPECIAL ENCROACHMENT PERMIT(BIKE PATH). 477 AIRPORT BOI]LEVARD A ssistant City Engineerts memo of May 26, L978 expl-ained thisermit was prepared in response to request from Anza Pacific toormalize agreement to allow Anza to close bike path during night ime hours at rear of their property bordering lagoon freeway.ssistant City Engineer recommended approval, as did Ctty Managery his endorsement of l4ay 3L, L978. Ptt A b 3. RESOLUTION NO. 38-78 - ,'RESOLUTION ORDERING THE VACATION ANDffi oF AN EASEMENT As suowN oN THAT cERTATN I4AP ENTITLED TTRESUBDIVISIoN 0F LoTS 20-26, INCLUSM, BLoCK 5, AS SltoWN ON MAP ENTITLED, MILLSDALE TNDUSTRIAL PARK UNIT N0. 2" was introduced by Couocilman Mangini who moved its adoptlon and approvaL of Consent CaLendar, second by Councilwoman Barton,carried unanimously. RESOLUTIONS T. RESOLUTION NO. 39-78 ''ESTABLISHING FEE SCHEDIJLE FOR PLANNING COMMISSION APPLICATION AND PERMITS't was introduced by Councilman Mangini who moved its adoption, second by CounciLman Martin. Council questioned derivation of these increased fees, City Planner detailed amount of time necessary for some tasks. He explained that a neBative decLaration, for instance, can be fouror five pages Long with much time involved in its preparation. 0n a question regarding charge for an EIR at L25% of. contractcost, plus staff time in excess of L6 hours, City Planner ex-plained that 25% would be for administrative costs, noting thatthe City of Belmont, for example, charges 50% for administrat.ivecost. Councilman Martin noted these costs must be justified as feesrather than taxes since under Jarvis Gann taxes cannot be in-creased. He suggested that on applications for negative decLar-ation a statement be inserted that these are fees which are mandated by State, so that the Cityts posttion could be madequite clear. Resolution carried unanimously on rolL call vote. City Attorney questioned Councit ts attitude tovrard including inbuilding permit fees costs of Planning Department checking of plans for large projects for zoning, setback, parking and other compliances. There is much time involved, and the suggested feeis $50.00 for all projects of $100,000 plus $1.00 for each add-itional $1,000 or fraction therof. City PLanner confirmed that Large projects do entail much timein plan checking for zoning, and charging for this time could insure considerable revenue for the General Fund. Council had no objection to fees for plan check for zoning com-pLiance, and City Attorney said this would be incLuded in Ord-ir,.n"" i128, "Ad6pting th6 uniform Building Code", which counciL would be considering at this meeting. 2. RESOLUTION NO. 40-78 ,'ESTABLISHING FEE SCHEDULE FOR PUBLICffi" was introduced by Councilman Amstrup 189 who moved its adoption. At this point Clty Manager addressed Council , pointing out that Paciflc telephone has some ob-jections to section II of this resoLution which pertains to public utilities. However, in view of the fact that Council wishes to pass this resolution tonight' this section could be dlscussed with the uttlity companies Later and the resolution amended if deslred. IIe introduced Mr. Eric Ring, local manager, Pactfic Telephone. -Mr. Ring stated_ his company was concerned with the cost of inspectionr -namelyr- the part o? section II which states' "I! addition to said annual iee the actual cost of inspectlon of public utility projects in- volving in excess of 100 square fee of sidewalk or- Pavementopenin[ will be billed to t-he utillty company; such btlling.will bi annually for projects completed during the year to a maximum of \ of 17. of the actual construction cost." Mr. Ring felt that this charge was unfair, and in following dis- cussion-with the Clty AttornEy and the Diiector of Public Works indlcated he would plefer the-.actual cost of inspection wtth an hourly rate. Director of Publlc l^lorks told Council that P.G.E. also would Like the same privtleges that the telephone company has. Mr. W. J. Hammer, Marketlng Supervisor of P.G.E. addressed Councll ,stating his companyts Eissitisfaction with section II and asklng that both his company and Pacific Telephone be given the oppor- tunity to negotl-ate thts inspection fee with City. Councll had no objection to this proposal for a possible anendment to this resolut ion. CounciLwoman Barton seconded Councilman Amstruprs motion to adoPt Resolution 40-78, and rootion carried unanimously on roll call vote. OR}INANCES - SECOND R-EADING - HEARING I. ORDINANCE NO. II28 "ORDINANCE ADOPTING BY REEERENCE THE I'NIFORM ffiTION CODE, THE I,NIFORM BUILDING CODE, 1976, EDITION, AND THE APPENDIX THERETO, THE IJNIFORM BUILDING CODE STANDARDS, 1976 EDiTION, THE IJNIFORM MECHANICAL CODE, 1976 EDITION, THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, 1976 EDITION, AND THE I]NIFORM HOUSING CODE, 1976 EDITION, AND AMENDING, ADDING AND REPEAL- ING VARIOUS SECTIONS OF THE BURLINGAI,IE MIJNICIPAL CODE AND DECLARING THE URGENCY FOR ADOPTING BUILDING PERMIT FEESTI \,ras presented for Council consideration and public hearing. The City Attorney pointed out that urgency language has been in- cluded in this oidinance so that fees will be effective at once' also noted the tnclusion of Planning Department plan check fees Page 6. Mayor Crosby decLared the meetlng o none, and the public hearing was de uestLoned Item 3 on Page 13 which states that be provided "In all stud walls and partitions beaitng walls, party walls, kitchen waLls andectrical outlets." He pointed out that a wall rical outlet could be 30t long, and the whole have fire stopping. The Director of Public he language was there basically for fire pro- fires start where there ts an electricaL outlet where there is heat. HovJeve r, he agreed that be changed tot' . . . .and stud cavities con-outlets.rr The Councilman asked that this be passed its second readlng and was adopted n Mangini, second by CounciLman Amstrup, and on pen to clared p c ublic comrnent. There was losed. on Councilman Martinfire stopping shalthat act as main oualls containtng e containing an e lecwall would have to Works stated thattection, that mostor in kitchen wal lthe Language couldtaining elec trical done . qtrIt t s ORDINANCE NO. II28 mo-ion of founcilma unanimously carried on roll call vote. 2. ORDTNANCE N0. lt29 "AN ORDINANCE MAKING OFFTCE, WAREHOUSTNGffi usEs suBJEcr ro sPEcrAL PERMrrs rN rIIE WATERFRONT COMI,IERCIAL (C-4) DISTRICT'! was presented for Council 190 consideration and public hearing. l'{ayor Crosby declared the meeting open for public comnrent. There r.ra s none and the public hearlng was declared ctosed. ORDINANCE NO. II29 passed its second reading and was adopted on motibn. of Councilman Amstrup, secon d by Councilman Manginl, unanimously carried on roll calL'vote. 3. ORDINANCE NO. I13O ''AN ORDINANCE PAMOVING RESIDENTIAL USES HE PROFESSIONAL ts USINESS (C-3) DISTRICT" was presented for mot ono ounc ma FROM Council consideration and public hearing. Mayor Crosby declared the meetlng open for public comment. There was none and the public hearing was declared closed. ORDINANCE N0. L!3! passed its second reading and was adopted 6tG6'E6;"-o?-ffillioman Barton, second by Councilman Amstrup' unanimousLy carrted on roLl call vote. 4. ORDINANCE NO. tI3L "AN ORDINANCE ADOPTING BY REFERENCE THE UNIFOETFTRE-CfiDTT976 EDITION, AND AMENDING, ADDING AND REPEALING SECTIONS OF THE BURLINGAME MUNICIPAL CODE" was presented for CounciL consideration and public heartng. Mayor Crosby declared the meeting open for public c-omment. There was none and the public heartng was declared closed. ORDINANCE NO 1L 3l passed its second readlng and was adopted on i Martin, second by Councilman Manginl", unan- imous 1y carried on roLl call vote. INTRODUCTION AND ADOPTION I. ORDINANCE NO. LI32 ''URGENCY ORDINANCE INCREASING TRANSIENT OC-UPANCY TAX FROM SIX T 0 EIGHT PERCENTTT was presented for CounciL cons ideration. Ctty Attorney stated this ordinance would be effective- JuLy l, 1978 but- the hotels must be given advance notice. He said he would confer wlth the City Treasurer on the appropriate method of notify- ing them. In response to question from Councilman l'lartln, City Attorney con- firmed- that Uniform Transient 0ccupancy Tax Ordinance No. 847 would be revised to incorporate changes in wording and procedure recommended by the City Tieasurer's memo of May 5, 1978. Mayor Crosby opened the meeting to ordinance. There lras no response a declared c Losed . Councilman Martin brought up the agreement with the Visitorts and Convention Bureau, vrhiah Counctt had discussed at the study meeting of June L4, L978, to the point that the City will pay a!-.estimated $78,000 to the Bureau at the current contraat rate of L5% of the 67. oc",rpancy tax. At study meettng it v,ras-suggested that the in- crease in tix rate be effected without an increase in the amount paid the Bureau, and that this agreement be renegotiated. Councilman Amstrup rePorted he had informed Mr. John Steen of the Visitors and Convintibn Bureau that the othex 2% which is covered by this urgency ordinance would not be forthcoming from the City to the Bureau. Mr. Steen addressed CounciL, stating he understood this. He commented that the Cityts g6ing to 8% would not affect the hotels adversely. public nd the comment on this urgency publtc hearing was OR.DINANCE NO.113 2 {Es Tdoptton, secon ro 11 call vote. was introduced by Councilnan Amstrup who moved .d by Councilman i.'langini, carried unanimously on '-rr' .lar,F Fx.rnrai- 191 NEW BUSINESS COMI-,IENDATION Councilman Mangini commended staff on. the fine quality of the large amount of material received by Council for this meeting. APPROVALS Warrant Nos . 00263L throu h 002934 , duly audited, in the amount o , aPPrdbyCtin ree suppli 10, 2826 he auto ov ou qu e or Payment on mot ion of Counc i Lman Mangini, secon Councilman Mar Location of th 2759, 2804, 28 supplies for t Payroll, I,Iag f9lt i373,6j4:46 approve Councilman l{a rt in , ncllman I'lartin, atl aye voice vote. ested that he be given a report on the ers paid by Warrant Nos. 266L, 2679, 2696' , ard 2912 which all relate to parts and shop . ck Nos. 3L47 through 3829 in the amount of n motion of Councilman Mangini, second by aye voice vote . 1978 from the City of Anaheim regarding nst the Fair PolitlcaL Practices Commission. Chedo al1 o at ACKNOWLEDGEMENTS l. Letter of June proposed lawsuit ag 2. Letter of June 6, L978 from Paul G. Ilinchcliffe, Jr. 904 Paloma Avenue, roith solution to decreasing the cost of running government. 3. Memo of June 9, 1978 from Park Directo:r regarding Shorebird Sanctuary. 4. Copy of letter of June 9, L978 from Burlingame Recreation Department to people who have registered for classes, advising them of class changes and increases in fees. 5. Letter of May L9, L978 from Department of Transportation advising that the former State maintenance station at L007 Rollins Road is-being scheduled for sale at public auction August Ll, 1978. 6. Letter of June g, Lg78 from ABAG regarding Program Reductions under Proposition 13; and letter of June 16, L978 from ABAG re- garding 70% dues reductton. 7. City Planner sumnary of Planning Commlssion meeting June 12, L978. 8. City Treasurer Report, l{ay 31 , L978 9. Fire and Police Departments Reports,llay, L97 8 . May, 1978.I0. Fire and Pollce Departments Reports, 11. Minutes: Planning Commtsston, May June 8, 1978. 22; Traffic, Safety, Parking, FROM THE FLOOR SISTER CITY Mr. A resse c onveconti so thCitybut h I Leyva of the Burtingame Sister City Association d Council requesting that they reconsider the fundntion registration fees, and asking if CounciL is nue paying the Associatl-on's national and internatat it can continue to exist. City Manager reporte has usually paid the Assocl-ationrs national- dues o as never paid the international dues. again add- ing for theplanning toional dues d that thef $60.00 With concurrence of Council Mayor Crosby stated that Council wiLl be meeting Wednesday night, June 2l to consLder budget and at that time wiII take up Ehe matter of the dues. L92 sB 3064 Mrs. Dolores Huajarda thanked Council for their oppositlon to SB 3064 relative to compl-iance date for quieter aiicraft. ApJOURNIgNI Meeting adjourned at 12:00 P.M. to Wednesday nlght, June 2L, L978,at 7 t30 P.M. e , -/-' >.1 #E ExfuH{{{/z/'(City Clerk i